COMMONWEALTH OFFICIALS, CONFLICT OF INTEREST
Act of May. 15, 1874, P.L. 186, No. 120
AN ACT
Cl. 65
Declaring what offices are incompatible.
Section 1. Be it enacted, &c., That every person who shall
hold any office, or appointment of profit or trust, under the
government of the United States, whether an officer, a
subordinate officer or agent, who is or shall be employed
under the legislative, executive or judiciary departments of
the United States, and also every member of congress, is
hereby declared to be incapable of holding or exercising, at
the same time, the office or appointment of justice of the
peace, notary public, mayor, recorder, burgess or alderman of
any city, corporate town or borough, resident physician of the
lazaretto, constable, judge, inspector or clerk of election
under this commonwealth: Provided, however, That the
provisions hereof shall not apply to any person who shall
enlist, enroll or be called or drafted into the active
military or naval service of the United States or any branch
or unit thereof during any war or emergency as hereinafter
defined.
(1 amended July 2, 1941, P.L.231, No.106)
Section 2. Offices so holden void
The holding of any of the aforesaid offices or appointments
under this State, is hereby declared to be incompatible with
any office or appointment under the United States, and every
such commission, office or appointment, so holden under the
Government of this State, contrary to the true intent and
meaning of this act, shall be and is hereby declared to be
null and void. 1874, May 15, P.L. 186, Sec. 2.
Compiler's Note: Section 28 of Act 207 of 2004 provided that
any and all references in any other law to a "district
justice" or "justice of the peace" shall be deemed to
be references to a magisterial district judge.
Section 3. Penalty for exercising
If any person, after the expiration of six months from the
passing of this act, shall exercise any offices or
appointments, the exercise of which is by this act declared to
be incompatible, every person so offending shall, for every
such offense, being thereof legally convicted in any court of
record, forfeit and pay any sum not less than fifty nor more
than five hundred dollars, at the discretion of the court, one
moiety of the said forfeiture to be paid to the overseers,
guardians or directors of the poor of the township, district,
county or place where such offense shall have been committed,
to be applied to the support of the poor, and the other moiety
thereof to the prosecutor who shall sue for the same. 1874,
May 15, P.L. 186, Sec. 3.
Section 4. Offices of justice of the peace and prothonotary
No person hereafter elected shall be capable of holding and
exercising, at the same time, the office of justice of the
peace and that of prothonotary or clerk of any court. 1874,
May 15, P.L. 186, Sec. 4.
Compiler's Note: Section 28 of Act 207 of 2004 provided that
any and all references in any other law to a "district
justice" or "justice of the peace" shall be deemed to
be references to a magisterial district judge.
Section 5. Offices of associate judge and justice of the
peace
The offices of associate judge and justice of the peace
shall be incompatible with each other. 1874, May 15, P.L. 186,
Sec. 5.
Compiler's Note: Section 28 of Act 207 of 2004 provided that
any and all references in any other law to a "district
justice" or "justice of the peace" shall be deemed to
be references to a magisterial district judge.
Section 5.1. The office of alderman or justice of the peace
shall be incompatible with the office of treasurer or tax
collector or assessor of any city, borough, town or township
of the first class and with the office of secretary or
secretary-treasurer or tax collector or assessor of any
township of the second class. (5.1 added Aug. 1, 1963,
P.L.436, No.229)
Compiler's Note: Section 28 of Act 207 of 2004 provided that
any and all references in any other law to a "district
justice" or "justice of the peace" shall be deemed to
be references to a magisterial district judge.
Section 6. Office of district attorney and any other office
No district attorney shall be eligible to a seat in the
Legislature, or to any other office under the laws and
Constitution of the State, during his continuance in office.
1874, May 15, P.L. 186, Sec. 6.
Section 7. Offices of county commissioner and member of
board of health
No county commissioner shall be eligible to serve as member
of the board of health, or director of the public schools,
during his continuance in office. 1874, May 15, P.L. 186, Sec.
7.
Section 8. Aldermen and attorneys not to be prison
inspectors
No alderman or practicing attorney shall be eligible to the
office of an inspector of the county prison. 1874, May 15,
P.L. 186, Sec. 8.
Section 9. Offices of councilman and guardian of the poor
No person shall, at the same time, be a member of more than
one of the following bodies, to wit: The city councils, the
guardians of the poor, the board of health and the inspectors
of the county prison, nor shall any person be a member of any
of these bodies who is at the same time a salaried officer
under the same or under any of them. 1874, May 15, P.L. 186,
Sec. 9.
Section 10. Offices of member of Legislature and councilman
It shall not be lawful for any member of either branch of
the Legislature to hold or to exercise the office of
councilman in any incorporated city of this Commonwealth. 1874,
May 15, P.L. 186, Sec. 10.
Section 11. Councilmen ineligible to city offices in choice
of councils
No member of council of any city shall be eligible to any
office, employment or agency directly chosen by councils, or
either branch of them, during the term for which he shall have
been elected to councils. 1874, May 15, P.L. 186, Sec. 11.
Section 12. Removal of residence forfeiture of office, when
Whenever, by the requirements of any law, a particular
residence is a necessary qualification for the election or
appointment of any officer, a removal from such residence
shall operate as a forfeiture of the office. 1874, May 15,
P.L. 186, sec. 12.
Section 13. Councilmen not to hold offices in choice of
councils
No member of said councils shall hereafter hold any office
or employment in the choice of said councils during the term
for which he shall have been elected. 1874, May 15, P.L. 186,
sec. 13.
Section 14. Councilmen ineligible to city or county offices
Members of councils shall not hereafter hold any city or
county offices in the choice of the people while serving as a
member of said councils. 1874, May 15, P.L. 186, sec. 14.
Section 15. Offices of member of Congress and State
Legislature
No Senator or Representative shall, during the time for
which he shall have been elected, be appointed to any civil
office under this Commonwealth; and no member of Congress or
other person holding any office, except of attorney-at-law or
in the militia, under the United States or this Commonwealth,
shall be a member of either house during his continuance in
office. They shall receive no other compensation, fees or
perquisites of office for their services from any source, nor
hold any other office of profit under the United States, this
State or any other State. 1874, May 15, P.L. 186, sec. 15.